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AN ACT
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relating to the receipt of death benefits in the workers' |
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compensation system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 408.182(d-1), (d-2), and (f), Labor |
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Code, are amended to read as follows: |
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(d-1) If there is no eligible spouse, no eligible child, and |
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no eligible grandchild, and there are no surviving dependents of |
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the deceased employee who are parents, siblings, or grandparents of |
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the deceased, the death benefits shall be paid in equal shares to |
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surviving eligible parents of the deceased. A payment of death |
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benefits made under this subsection may not exceed one payment per |
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household. Total payments under this section [and] may not exceed |
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104 weeks regardless of the number of surviving eligible parents. |
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(d-2) Except as otherwise provided by this subsection, to |
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be eligible to receive death benefits under Subsection (d-1), an |
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eligible parent must file with the division a claim for those |
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benefits not later than the first anniversary of the date of the |
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injured employee's death from the compensable injury. The claim |
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must designate all eligible parents and necessary information for |
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payment to the eligible parents. The insurance carrier is not |
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liable for payment to any eligible parent not designated on the |
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claim. Failure to file a claim in the time required bars the claim |
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unless good cause exists for the failure to file a claim under this |
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section [The commissioner may extend the time for filing a claim
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under this subsection only if the eligible parent submits proof
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satisfactory to the commissioner of a compelling reason for the
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delay]. |
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(f) In this section: |
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(1) "Eligible child" means a child of a deceased |
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employee if the child is: |
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(A) a minor; |
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(B) enrolled as a full-time student in an |
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accredited educational institution and is less than 25 years of |
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age; or |
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(C) a dependent of the deceased employee at the |
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time of the employee's death. |
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(2) "Eligible grandchild" means a grandchild of a |
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deceased employee who is a dependent of the deceased employee and |
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whose parent is not an eligible child. |
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(3) "Eligible spouse" means the surviving spouse of a |
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deceased employee unless the spouse abandoned the employee for |
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longer than the year immediately preceding the death without good |
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cause, as determined by the division. |
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(4) "Eligible parent" means the mother or the father |
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of a deceased employee, including an adoptive parent or a |
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stepparent[, who receives burial benefits under Section
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408.186]. The term does not include a parent whose parental rights |
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have been terminated. |
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SECTION 2. The change in law made by this Act applies only |
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to a claim for workers' compensation benefits based on a |
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compensable injury that occurs on or after the effective date of |
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this Act. A claim based on a compensable injury that occurs before |
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that date is governed by the law in effect on the date that the |
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compensable injury occurred, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1058 was passed by the House on May 1, |
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2009, by the following vote: Yeas 138, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1058 was passed by the Senate on May |
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21, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |